In Nevada, a landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or summary eviction, lawsuit.)
Nevada law sets out detailed requirements to end a tenancy, with different types of termination notices and procedures required for different types of situations. This article provides an overview of the rules landlords must follow when evicting a tenant or ending a tenancy in Nevada.
Notice of Termination With Cause
Nevada allows a landlord to terminate a tenancy early and evict a tenant for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. The reason for the eviction will determine the type of notice the landlord must give to the tenant.
Five-Day Notice to Pay Rent or Quit: If the tenant fails to pay rent when it is due, the landlord can give the tenant a five-day notice to pay rent or quit. This notice informs the tenant that the tenant has five days to pay rent in full or move out of the rental unit. If the tenant does not pay rent or move, the landlord can file an eviction lawsuit with the court at the end of the five days (see NRS § 40.253).
Five-Day Notice to Cure or Quit: If the tenant violates a portion of the lease or rental agreement and the violation can be fixed, then the landlord can give the tenant a five-day notice to cure or quit. This notice informs the tenant that the tenant has five days to fix the violation or move out of the rental unit. If the tenant does not comply with the notice, then the landlord can file an eviction lawsuit at the end of the five days (see NRS § 40.2516).
Unconditional Quit Notice: This type of notice informs the tenant that the tenant must move out of the rental unit immediately. It does not give the tenant any time to fix the violation, and if the tenant does not move out immediately, the landlord can go straight to court and file an eviction lawsuit. The landlord can use an unconditional quit notice only when:
the tenant has assigned or sublet the rental unit in violation of the lease or rental agreement
the tenant has caused substantial damage to the property
the tenant has permitted or created a nuisance at the rental unit
the tenant has caused injury or damage to other tenants of the property or adjacent buildings or structures, or
the tenant has been in unlawful possession for sale, manufacture, or distribution of illegal drugs.
Notice for Termination Without Cause
The rules for terminating a tenancy without cause vary depending upon whether the tenant has a month-to-month rental agreement or a fixed-term lease.
Month-to-Month Rental Agreement
With a month-to-month rental agreement, the landlord must give the tenant at least a 30-day written notice informing the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time. The same type of notice is required for a week-to-week agreement, except the landlord only needs to give the tenant seven days’ notice.
If the tenant is over 60 years old or has a physical or mental disability, the tenant may request an additional 30 days to move out of the rental unit. If the tenant requests this extension, the landlord must allow it (see NRS § 40.251).
A landlord can only remove a tenant without cause at the end of the time specified in the lease agreement. The landlord may not be required to give the tenant notice for leases that are longer than month-to-month unless the lease agreement requires it. This means that if the tenant has a year-long lease that expires in December and the tenant has not requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December unless the terms of the lease specifically require it.
A tenant may decide to fight the eviction, which could add time to the eviction lawsuit. The tenant could have several potential defenses, including mistakes the landlord made during the eviction process, such as using the wrong form or improperly serving it. The tenant could also assert that the landlord failed to maintain the rental unit and that the termination is retaliatory because the tenant filed a complaint about uninhabitable premises, or that the landlord discriminated against the tenant in some way.
REMOVAL OF THE TENANT
The only way a landlord can legally evict a tenant is by filing an eviction lawsuit, also called an unlawful detainer suit, with the justice court of the county in which the rental unit is located. Even if the landlord wins this lawsuit, the landlord still must not personally evict the tenant. The court will give authority to a sheriff or constable to evict the tenant by a certain day.
Nevada law has made it illegal for the landlord to personally remove the tenant from the rental unit. If the tenant has abandoned the property and left behind personal belongings, either because of receiving notice or after the eviction, the landlord can dispose of the property only after storing the property for 30 days and making efforts to locate and notify the tenant of the landlord’s intent to dispose of the property.
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